Work on RIDOT Bridge Project is at Center of New Lawsuit Filed in Federal Court

Work on RIDOT Bridge Project is at Center of New Lawsuit Filed in Federal Court

Contractor work on a Rhode Island Department of Transportation (DOT) bridge project is at the center of a new federal lawsuit. 

This week, Keller North America sued D’Ambra Construction - and insurance company Travelers — in U.S. District Court over what it says is payment due to them for work on the Sandy Bottom Road Bridge in Coventry. 

The total amount that Keller says it is owed by D’Ambra is just over a quarter million dollars. 

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In 2020, DOT announced a two-phase project for the now more than 90-year-old bridge with the following: 

"The Rhode Island Department of Transportation will take Sandy Bottom Bridge in Coventry down to one lane with alternating direction controlled by a temporary traffic signal on each side of the bridge starting on May 18 as part of the bridge superstructure replacement. Travelers should expect delays.

Sandy Bottom Bridge carries Sandy Bottom Road over the Pawtuxet River.  Its daily vehicle traffic is 16,000. The bridge is structurally deficient.

Since Sandy Bottom Road is the main connection between Route 117 and Tiogue Avenue, the goal of this construction plan is to keep traffic flowing and to maintain access to all businesses on Sandy Bottom Road.

The $8.85 million project will be done in two phases. Phase one addresses the west side of the bridge with alternating traffic flowing on the eastern side of the bridge. This will be in place until late December of 2020. Phase two will start in the 2021 construction season.

Some nighttime milling and paving operations will require limited closures. Alternate routes for the closure times will be posted well in advance.

Construction will include a completely new superstructure with ADA compliant sidewalks on each side and improved drainage and stormwater management.

Built in 1931 the Sandy Bottom Bridge sits on two piers in the water. The new multi-girder steel bridge will span the river from one side to the other without piers. Portions of the two old piers will be cut down and the remaining parts of the piers will be left in the river.

All projects are subject to changes caused by weather, scope or unforeseen events. The Sandy Bottom Bridge replacement is part of RIDOT’s $5 billion RhodeWorks program to bring Rhode Island’s infrastructure into a state of good repair."

About Suit 

In its lawsuit filed this week, Keller claims it was subcontracted by D’Ambra for work on the bridge — and that D’Ambra still owes them money. 

“Pursuant to the terms of the Subcontract, D’Ambra agreed to pay KNA in aggregate the adjusted sum of $846,086.00, in exchange for KNA’s completion of its work on the Project,” claimed Keller in the suit. 

KNA’s principal office is located in Hanover, Maryland; they are being represented by the Rhode Island firm of Bilodeau Capalbo.

According to KNA in the lawsuit: 

“KNA completed its work on the Project in accordance with the Subcontract, and there remains a balance due and owing to KNA in the amount of $234,951.32 (“Indebtedness”). 

Pursuant to the terms of the Subcontract, KNA is entitled to interest in the amount of 1.5% per month for amounts due and not paid within 30 days from the invoice date. 

KNA has made demand upon D’Ambra for payment of the Indebtedness due under the Subcontract. 

D’Ambra has failed and refused to pay KNA the Indebtedness due and has breached its obligations under the Subcontract.”

KNA said it filed a “notice of claim on payment bond” with D’Ambra and Travelers in December of 2022 that Travelers then informed KNA they were disputing the claim. 

Now, KNA is suing on three counts — breach of contract against D’Ambra, unjust enrichment against D’Ambra, and recovery under the payment bond against D’Ambra & Travelers.

D'Ambra, Travelers, and Keller did not respond to request for comment at time of publication.